Crowd management - a legal point of view

Recent report highlights importance of assessing risk

by Richard Williams of thePublican.com's legal team of experts from solicitors Joelson Wilson​

I wrote several weeks ago about the need to make an assessment of the risks posed to your customers by the use of smoke machines in licensed premises.

A recent report about customers being burnt by rays emitted from a faulty strobe light highlights the importance of assessing potential risks on your premises.

Another important area of risk management is crowd management. From a commercial point of view, large numbers of customers may be desirable in licensed premises, but excessive numbers of people in a small space can lead to crushing and injury. Premises operating with the benefit of a public entertainment licence (PEL) will already have occupancy limits imposed on their licence, which it is an offence to breach.

Premises without a PEL often do not have a maximum occupancy imposed as a condition on their liquor licence and, therefore, there is the potential for overcrowding.

You should remember that, even where the maximum permitted occupancy of a venue has not been reached, dangerous overcrowding can still occur in certain areas, such as by the main entrance and in front of the bar.

Thankfully, overcrowding injuries are not common in the UK, but if they occur, they can lead to adverse publicity, loss of revenue, compensation payments, rising insurance costs and prosecution.

The Health and Safety Executive has produced a helpful advice leaflet about the management of crowds and you will be able to download and print this off at www.hse.gov.uk.

It advises that all people who run venues that attract crowds should have a health and safety system, which anticipates, monitors and controls potential crowding risks.

In particular, management and doorstaff should:

• conduct a risk assessment to decide the adequacy of arrangements in place to control crowds and change them if necessary
• inspect the venue and review crowd safety arrangements at regular intervals
• set targets for crowd management (for example if crowds at the bar build up, open another service point and move staff from a quieter bar to the crowded bar)
• liaise with the fire authority if they have any concerns about overcrowding.

It is, of course, essential that changes to the layout of licensed premises that could affect overcrowding are authorised by the magistrates in advance of work commencing. Any application to the court for consent would involve the input and approval of the fire authority.